SC says PIL challenging the PM-CARES Fund “has political colour”, warns petitioner of fine

The Supreme Court today dismissed a petition filed by Advocate Shashwat Anand challenging the legality and the functioning of the PM Cares Fund along with also seeking directions for the Centre to undertake door-to-door testing. The petitioner, who appeared in person, was told by the Supreme Court to either withdraw the petition or face a fine imposed by the Top Court.

The bench of Justices NV Ramana, Sanjay Kishan Kaul and BR Gavai went on to dismiss the petition "as withdrawn” in the order.

The petition had challenged the legality of the PM Cares Fund and various CM Relief Funds stating that such funds cannot be set up by the Central or State governments due to the existing National Disaster Response Fund and the State Disaster Response Funds. He also asked for all the money that was collected under the PM Cares Fund to the transferred to the NDRF and the SDRF.

Justice Ramana, heading the 3-judge bench pulled up the petitioner for filing frivolous litigation. The judge threatened the petitioner with a fine in case the petition was not withdrawn. “This petition has a political colour” Justice Ramana stated. 

The petition had also highlighted certain issues concerning India’s fight against the global pandemic with regard to the rate of testing and attempts at flattening the curve.